El derecho de propiedad, su enfoque y estudio histórico, génesis y evolución

• Autores: Bonjour, Daniel Gerardo; Valenti, María Vanesa; Villulla, María Fernanda
• Año de publicación: 2012
• Idioma: español castellano
• Tipo de recurso: documento de conferencia
• Materia: Ciencias Jurídicas; Derecho romano; Derecho a la propiedad
• Institución: Universidad Nacional de La Plata

"Among legal concepts, property is the one which has more connections to the social and economic systems of states. Our work has the aim of showing the evolution and the different legal aspects of the Right of Property. "The ancients founded the right of property on principles different from those of the present generation; as a result, the laws by which it was guaranteed are sensibly different from ours.” The same author teaches that The Tartars understand the right of property in relation to flocks of herds, but not when it is a question of land. Bonfante defines property as a more general dominion over a thing, either or, at least, potentially in action. Family slowly produces changes which go hand in hand with the evolution the Roman law had in terms of property; once the concept of individual ownership is introduced, "quiritarian ownership and bonitarian ownership”, formulas for transfer that "property” from one man to another arise. This was shown first through the right of agnates to succeed the "pater” and, in a more advanced phase of law, through the appearance of solutions of "greater justice” when the existence of relationships by blood begins to be considered and, consequently, cognates have the possibility to succeed in the property. With the fall of the Roman Empire to the Barbarians - beginning of the Middle Ages -, the political face of the world undergoes a change which gives rise to a new historical period in hands of feudal lords. The authors determine three basic historical events as the beginning of the Modern Age: a) The Fall of the Eastern Roman Empire to the Turks, b) the appearance of printing press, c) the discovery of America. During this period different types of states are developed –absolutist, liberal-, and consequently the concept of property is fluctuating. In the latter, in which the Bourgeois Revolution establishes modifications in the system of power which still belongs to the holder of the property, the quality of the citizen is linked, in the first constitutional texts, to the payment of land taxes. The Contemporary Age emerges as a consequence of important historical events: the Industrial Revolution, the French Revolution and, a landmark, the Declaration of Human and Citizens Rights. Following the triumphant principles of the Revolution, freedom, equality and fraternity, the concept of private property arises, reaffirming the absolute nature of its exercise as long as laws and customs are not contradicted. Nevertheless, courts of law and judges begin to observe the abusive exercise of rights and they respond through their sentences. Between the First and Second World Wars new legal forms appear which are in accordance with a modern concept of property; we talk about the "social function of property”.
Facultad de Ciencias Jurídicas y Sociales